The judge can take into consideration during sentencing conduct not explicitly charged. Heck they can take into consideration things you have been acquitted over by a jury too.
That is right (I'm telling you how the law is, not how it should be) A jury can decide that it was not proven beyond a reasonable doubt that you did something and yet you can still receiver a heavier sentence for it. (as long as they don't acquit you over all charges.)
>The 31-year-old physics graduate and former boy scout was handed five sentences: one for 20 years, one for 15 years, one for five and two for life.
I can't find the actual court documents, but I personally find a report from someone presumably at the trial more trustworthy than a government press release.
In most jurisdictions, though, you do. Attempted murder does not get the same punishment that murder does. Though I agree with the premise that it should get substantially similar punishment. Successful murder should get a bit more due to the consequences.